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Court Sides With Police In Warrantless Search

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
The Supreme Court on Monday ruled against a Kentucky man who was arrested after police burst into his apartment without a search warrant because they smelled marijuana and feared he was trying to get rid of incriminating evidence.

Voting 8-1, the justices reversed a Kentucky Supreme Court ruling that threw out the evidence gathered when officers entered Hollis King's apartment.

The court said there was no violation of King's constitutional rights because the police acted reasonably. Only Justice Ruth Bader Ginsburg dissented.

Officers knocked on King's door in Lexington and thought they heard noises that indicated whoever was inside was trying to get rid of incriminating evidence.

Justice Samuel Alito said in his opinion for the court that people have no obligation to respond to the knock or, if they do open the door, allow the police to come in. In those cases, officers who wanted to gain entry would have to persuade a judge to issue a search warrant.

But Alito said, "Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame."

In her dissent, Ginsburg said her colleagues were giving police an easy way to routinely avoid getting warrants in drug cases.

"Police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant," she said.

The case concerned exceptions to the Fourth Amendment requirement that police need a warrant to enter a home.

The issue was whether warrantless entry was justified after the officers' knock on the door triggered a reaction inside that sounded like the destruction of evidence.

An odd set of facts led to Monday's ruling.

Police were only at King's apartment building because they were chasing a man who sold cocaine to a police informant. The man entered King's building and ducked into an apartment. The officers heard a door slam in a hallway, but by the time they were able to look down it, they saw only two closed doors.

They didn't know which one the suspect had gone through, but, smelling burnt pot, chose the apartment on the left.

In fact, the suspect had gone into the apartment on the right. Police eventually arrested him, too, but prosecutors later dropped charges against him for reasons that were not explained in court papers.

In other action Monday, the court refused to revive a lawsuit challenging a controversial post-Sept. 11 CIA program that flew terrorism suspects to secret prisons. The appeal asked the court to examine two much-disputed aspects of the U.S. response to the 9/11 attacks, "the extraordinary rendition" program that sent the suspects to secret prisons and the "state secrets privilege."


This article has been edited.For complete article go here.

- Thanks to Propa Gator for submitting this article



NewsHawk: Jim Behr: 420 MAGAZINE
Source: news.yahoo.com
Author: MARK SHERMAN, Associated Press
Copyright: 2011 The Associated Press
Contact: Yahoo! News Suggestion Board
Website: Court sides with police in warrantless search - Yahoo! News
 

Propa Gator

New Member
If a knock on the door catches you on the throne, don't flush. Your door may be kicked in, if it's the police. They will shoot your dog.
High-walled residential compounds are the new/old trend in real estate. Google Earth tour the fertile valleys near Kabul, Afghanistan and see how survivors live. They have 'war-lords', we have 'drug-lords'. Their nightmares are bearded, ours wear badges.
 

Choji

New Member
And here I thought that the means never justified the end. What if they found nothing? You are innocent until proven guilty, but if cops smell pot all bets are off. And what's this bullshit about letting the coke dealer off? Did they decide that the non addictive cannabis was more dangerous. Where is the justice, where are our rights.
 

free2blaze

New Member
from the declaration of independence

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form,"

.
 

tantar

New Member
Maybe if we started breaking their there door's down to see if any illegal acts were going on, we would be suprised at how busy we would be. We might be able to get Federaly funded? The Citizen's Force!
 
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